A. B’s violation 1) B’s business location is located in the instant store after the Defendant filed a report on a spot-sale food manufacturing and processing business with the name of Busan Northern-gu C and the business location as D’ (hereinafter “D”).

2) Since around 2012, B leased a building on the land of Gangseo-gu Busan Metropolitan Government (hereinafter “instant building”) and manufactured and processed kimchi, etc. (hereinafter “instant food”), and sold (hereinafter “instant act of violation”) to the store of this case and consumers.

However, as above, B did not register food manufacturing and processing business with the competent authority while manufacturing and processing the instant food in the instant building.

B. On February 29, 2016, the Plaintiff’s succession B established the Plaintiff for the purpose of kimchi manufacturing business, etc., and transferred all of the instant stores, etc. to the Plaintiff.

On March 6, 2016, the Plaintiff reported succession to the business status to the Defendant.

C. On June 28, 2018, the Defendant: (a) committed the instant violation against the Plaintiff on the ground that the Plaintiff succeeded to his/her business status; (b) pursuant to Articles 75(1)1, 72(1)1, and 4 subparag. 7 of the Food Sanitation Act, the business suspension (two months) and the relevant disposition on the destruction of products (hereinafter “instant disposition”).

(2) The Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission on August 21, 2018. However, on August 21, 2018, the said commission rejected the Plaintiff’s request for administrative appeal.

[Ground of recognition] Facts without dispute, Gap evidence 5-6, Eul evidence 1-1 and 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Plaintiff’s assertion 1) The instant violation is not a non-registered food manufacturing and processing business violation - (1) the principal place B manufactured and processed the instant food in the instant building, not a place of business reported as a spot-sale manufacturing and processing business.